Revolutionary War Pension and Bounty Land Warrant Application File S. 31,037, Hugh Forgy, Penn.

SERVICE
NUMBER
Penn
Forgy Hugh Forgy
S. 31,037
CONTENTS
?

25335
Kentucky
Hugh Forgy
Montgomery in the State of Kentucky who was a private in the com d commanded by Captain Basby of the 1st reg t commanded by Col W in the Penn a time for 1 year
Inscribed on the Roll of Kentucky at the rate of 40 Dollars and Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 28 day of Dec r 1832, and Mr Harrison Present
Arrears to the 4th of Sept r 100.00 Semi-ant. allowance ending 4th March 20.00 $120.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Cle
Book 6 Vol. 1 Page 9

State of Kentucky Mansfield County
vs. the 19th of Nov 1823 Personally appeared before me Elias Adams Esq. and Justice of Peace in and for the county of ... for the cause aforesaid. Then I, the undersigned, being first duly sworn according to law, do hereby make the following declaration in order to obtain the benefit of the act of Congress, entitled "An act That he entered the service of the U. S. under the following named officer and served as herein stated
First he says he was born in the County of ... in Ireland in the year 1744. (He cannot recollect) That some time in the year 1774 he came to America and landed at Newcastle. He continued to live in Pennsylvania & Lancaster County until the 18th of August 1777. At which time he took the oath of Allegiance and fidelity agree- ably to the act of Assembly of Penn a passed 13 th June 1777. That he continued to reside in the County of Lancaster until the 18th of after taking the oath of office till some time in the year 1778. He thinks in the month of March (he cannot recollect) he was drafted for six Months to go to Lancaster to guard some prisoners detained at that place. He says he was attached to Capt. Brisby's company of Artillery in the Pennsylvania line immediately after he was drafted he Marched to Fort (Having lived Eighteen Miles from the County Seat or Lancaster) and there continued as guard as above stated under the command of Brisby as Capt, and Harkley as Col o until the six Months later was out. At which time he says he was discharged by his Capt. But has lost it. The next year he states was from the County & State as a drafted soldier in 1777. Saw another person on the ... in Capt. Hamilton's company and Lieutenant Hunter's company him as above. He thinks same time in the month of April (he thinks about the middle) He says that so long as they were in preparation to start they were encamped at Lancaster and marched first to 9th Mile or as nearly so as the road against the Indians as the whole country round that place was much alarmed at the idea of being attacked by the Indians. He states however that when they arrived at the fort above named it was deemed prudent to remain there as guards to keep the Indians from taking it and ranging through the country to keep the inhabitants from being massacred by the savages. At this fort was continued until such time was out which ended his time in the army in Oct r in which having served six Months from the time drafted till discharged

but he thinks for this tour hence no written discharge. If he did he has lost it. The man was as a volunteer from some place as a regular teamster in the U. S. Service, as the U. S. was at this time (1778) in the fall of 1778. Much put too for teamsters. He says he determined to continue in the army (having become somewhat fond of military life) and chose to drive a team which he did and commanded in that fall under a Wagon Master by the name of Watson. (The third same time during the summer preceding for Broadhead went against the Indians) He remembers that he drove the team that winter to General Washington's Army to convey flour and clothing to the U. S. Army for it was distressing times about this time as he well remembers for during the year of 1780. Washington could scarcely keep his army together. The state he continued to drive from the time above named and pursued the Army under the Master as ordered from point to point until the surrender of Cornwallis in 1781. In that fall he says he was discharged from the service, having performed service from the time first named in 1778. until 1781. Which was over three years. He says that he well knows that if the Department had or could have the most distant idea of what he suffered with cold hunger and fatigue he thinks they would not hesitate to allow him something. He says he is now old and very infirm so much so that he is unable to travel about even about his own house, having for a number of years been afflicted with pain in his back and sides and he is informed that no doubt they proceed from his having been exposed when in the war. He says what he has said is true as he would not state any thing untrue for all the money in the Treasury. He has stated where he was born. He has no record of his age but knows it from the year he came to America. He has stated where he was living when called into the service. He says he was then the two first times the being was done as a volunteer. He says from his youth up and subsequent life in America he is not well acquainted with many of the officers and as he was not long from Ireland he could not speak their language and of course could have but a poor chance of knowing much about them. He says he should not have remembered his captain's name had

it not here for his services towards him and the cause. The same. He says he thinks he is a discharge for the first tour but that tour also that he has lost. He says he never had a commission but served all the time as a private soldier. He says he is acquainted with George Havens a clergyman living in his neighborhood and Asa L Stone residing in same both of whom can state as to his character for veracity and his reputation as having been a soldier of the revolution. He says he knows of nothing with which he can prove his services or any part thereof and has no documentary evidence. He hereby relinquishes every claim whatever to a pension or annuity, except the present and declares that his name is not in the pension roll of the agency of any state. - The matter sworn to and subscribed the day and year aforesaid.  Hugh Forgy
We George Havens a clergyman residing in Bourbon county and State of Ky and Asa L Stone residing in same hereby certify that we are well acquainted with Hugh Forgy who has subscribed and sworn to the above declaration that we believe him to be of the age he states that he is respected and beloved in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion and we further certify that the applicant is unable to go to court owing to the reasons as named in his declaration.  sworn to and subscribed the day and year aforesaid  George Havens  Asa L Stone
Sub J Elias Darnall a Judge and Justice of the peace in and for the county court of Bourbon. As declared my opinion after the investigation of the matter and after putting the interrogatories prescribed by the War department that the above applicant was a soldier of the revolution and served as he states and I further certify that the above named George Havens who has signed the preceding certificate is a clergyman residing in Bourbon county and the neighborhood of the applicant and Asa L Stone residing in same and is a credible person and their statement is entitled to credit. I further certify that the applicant is quite unable to go to court to attend court from age and infirmity. given under my hand this 29th day of Jan y 1833 -  Elias Darnall, J.P.

Commonwealth of Kentucky & County of Bourbon ss I Edward P Smith Clerk of the County Court for the County aforesaid do certify that the foregoing this enrolled is an a magistrate of said County duly qualified and that his signature is genu- ine. In testimony whereof I have hereunto set my hand and affixed the seal of said County this 28 th day of December 1833 in the 42 nd year of the Commonwealth
Thos. P. Smith Clerk Bourbon County and
Edward P Smith for the

16 August. Declaration
Commonwealth of Pennsylvania I do hereby certify that the within copy is a true copy of the original now on file in my office and of the whole thereof. Given under my hand and seal this 16th day of August 1833.  John Smith Clerk of the Court of Common Pleas Philadelphia County

The allowance will be taken, reserving the right to make further.
O. G. Harrison
agent
Decr 28 th 1833

No 28.808 Hugh Forney Ken.
f 1778 m 1 yr $40
see note on the,
Mr. Harrison (Present,

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Hugh Porgy
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1778 6 P Col B. Ruby Col. Harkley 79 Pa. Traditions   1779 6 P.   1779 3 teants Watson Wagon Mr.   Cannot allow for the last service unless he prove the same, and that it was not under a civil contract.  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of } On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[t] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

FORGY, HUGH (PA) 5-31037
(2)
TRANS. B. 1917.
DAVIDSON

LANCASTER, in PENNSYLVANIA, ss.
I DO hereby certify, that Hugh Forney hath voluntarily taken and subscribed the Oath Affirmation of Allegiance and Fidelity, as directed by an Act of General Assembly of Pennsylvania , passed the 13th Day of June , A. D. 1777. Witness my Hand and Seal, the eighteenth Day of August - A. D. 1777
N o 21.
John Whitehill (LS)
LANCASTER, Printed by FRANCIS BAILEY.

31037 Rev INVALID.
File No. 31,037
Hugh Storgay Rev Rev War
Act: June 7 th 52 nd
Index:—Vol. 2, Page 121
[Arrangement of 1870.]